2024 SCMR 1341 Service and Promotion Quota Case Laws & Judgments Muhammad Ali Mazhar, J.- These Civil Petitions are directed against the judgment of the Khyber Pakhtunkhwa Service Tribunal, Peshawar (“Tribunal”) dated 20.01.2023, whereby all the service appeals were dismissed by the learned Tribunal.
2. According to the sequence of events divulged by the petitioners, they were appointed as Soil Conservation Assistants (BPS-17) on recommendations of the Khyber Pakhtunkhwa Public Service Commission, Peshawar. On 18.04.2018, the department issued a Notification for setting forth an equitable service structure to categorize
25 different cadres for maintaining seniority and promotion. However, vide impugned Notification dated 18.09.2019, the 100% promotion quota reserved for the petitioners was reduced to 75% and the remaining 25%
quota was allocated to the cadre of “Field Assistants” which allegedly affected seniority and promotion of the petitioners. They filed a Departmental Appeal but no response was received, hence they filed Appeals before the Tribunal which were dismissed by means of the impugned judgment.
3. The learned counsel for the petitioners argued that the impugned notification is against the law and it would seriously affect the seniority and promotion of the petitioners and the other cadres to BPS-18. It was further contended that the Field Assistant (BS-9), with a diploma course of three years after matriculation, will be promoted to BPS-18 and will be managing the DDO office without any specialized degree. He further
argued that the impugned Notification is also violative of Section 9 of the Khyber Pakhtunkhwa Civil Servant Act, 1973 (“Act”) and Khyber Pakhtunkhwa Civil Servant (Appointment, Promotion, and Transfer) Rules, 1989 (“Rules”). Download
